The URL can be used to link to this page

Home My WebLink About20120635 Ver 1_Approval Letter_20120725• . d � � NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Dee Freeman Governor Director Secretary July 25 2012 DWQ Project # 12 0635 Orange County Town of Hillsborough Attn Kenny Keel PO Box 429 Hillsborough NC 27278 Subject Property Lake Ben Johnson Dredging and Dam Repair Eno River [030401 27 57 20 WS III CA NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B 0233) and General Permit for Impacts to Isolated and Other Non 404 Jurisdictional Wetlands and Waters Permit No IWGP100000 with Additional Conditions Dear Mr Keel You have our approval in accordance with the attached conditions and those listed below to fill or otherwise impact 0 31 acre of isolated wetlands (permanent impact) 5 linear feet of perennial stream channel (temporary impacts) 132 acres of open water (temporary impact) 420 square feet of Zone 1 Neuse River basin protected riparian buffer (permanent impacts) 220 square feet of Zone 2 Neuse River basin protected riparian buffer (permanent impacts) 7 125 square feet of Zone 1 Neuse River basin protected riparian buffer (temporary impacts) and 1 452 square feet of Zone 2 Neuse basin protected riparian buffer (temporary impacts) to dredge Lake Ben Johnson and remove logs and debris from raw water intake as described in your application dated June 21 2012 and received by the Division of Water Quality (DWQ) on June 27 2012 After reviewing your application we have decided that the impacts are covered by General Water Quality Certification Number(s) 3883 (GC3883) and GC3888 and the Non 404 /Isolated Wetland impacts are covered by the State General Permit (IWGP100000) The Certification(s) corresponds to Nationwide Permit(s) NW3 and 16 when issued by the US Army Corps of Engineers (USACE) and the IWGP100000 (issued by DWQ) This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B 0233 In addition you should obtain or otherwise comply with any other required federal state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Non discharge regulations Also, this approval to proceed with your proposed impacts or to conduct impacts to waters, riparian buffers and isolated wetlands as depicted in your application shall expire upon expiration of the 404 Permit This approval is for the purpose and design that you described in your application If you change your project you must notify us and you may be required to send us a new application If the property is sold the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) This approval None hCarolina Naturally North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 4200 Customer Service Internet www ncwaterquality org 1628 Mad Service Center Raleigh NC 27699 1628 FAX (919) 788 7159 877 623 6748 An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Page 2 requires you to follow the conditions listed in the attached certification and any additional conditions listed below The Additional Conditions of the Certification are 1 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met No other impacts are approved including incidental and/or temporary impacts Type of Impact Amount Approved Units Plan Location or Reference Isolated/Non 404 Wetland 0 31 (acre) permanent impact PCN page 5 of 11 Stream perennial 5 linear feet) temporary impact PCN page 5 of 11 Open Water 132 acre temporary impact PCN page 6 of 11 Buffers Zone 1 420 s uare ft permanent impact PCN page 6 of 11 Buffers Zone 2 220 (square ft) permanent impact PCN page 6 of 11 Buffers Zone 1 7 125 (square ft ) temporary impact PCN page 6 of I 1 Buffers Zone 2 1 452 (square ft ) temporary impact PCN page 6 of I I 2 No Waste Spoil Solids or Fill of Any Kind No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the footprint of the impacts depicted in the Pre Construction Notification All construction activities including the design installation operation and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards statutes or rules occur 3 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards a The erosion and sediment control measures for the project must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual b The design installation operation and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction sites borrow sites and waste pile (spoil) protects including contractor owned or leased borrow pits associated with the protect c Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times 4 Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the Division If placement of sediment and erosion control devices in wetlands and waters is unavoidable design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks adjacent to or upstream and down stream of the above structures All sediment and erosion control devices shall be removed and Page 3 the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project 5 Protective Fencing The outside buffer wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H Section 0500 6 Notification of Project Commencement Please notify DWQ (Lauren Witherspoon at (919) 791 4251 or lauren witherspoong—ncdenr gov) of the proposed start date of the project 7 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules and any subsequent modifications the applicant is required to return the attached certificate of completion to the Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties The authorization to proceed with your proposed impacts or to conduct impacts to waters and riparian buffers as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or unless otherwise rescinded by the Director of the Division of Water Quality If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing You may obtain the petition form from the Office of Administrative Hearings You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 00pm except for official state holidays The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings The petition may be faxed provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailing address for the Office of Administrative Hearings is Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Facsimile (919) 431 3100 A copy of the petition must also be served on DENR as follows William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Page 4 Raleigh NC 27699 1601 Unless such a petition is filed this Certification shall be final and binding This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act the Neuse River basin riparian buffer protection rule as described within 15A NCAC 26 0233 and the Isolated and other Non 404 Jurisdictional Wetlands and Waters Rules (IWGP 100000) If you have any questions please telephone Lauren Witherspoon at 919 791 4251 Sinc ely I Danny ith Surface Water Protection Section Supervisor Raleigh Regional Office Enclosures GC3883 GC3888 Certificate of Completion cc USACE Raleigh Regulatory Field Office DWQ Central Office — WeBSCaPe — 1650 Mail Service Center RRO File Copy Filename 12 0635_Lake Ben Johnson Dredging and Dam Repair_401_NBR MP_Approval